Parenting Time Handbook - Jackson County, Michigan

Mission Statement...
The Jackson County Friend of the Court will
enthusiastically and fairly perform its statutorily
mandated investigative enforcement, mediation,
referee, accounting, and administrative duties with a
customer‐friendly approach, and with the “best
interests of the children” being at the forefront of
everything it does.
Jackson County Friend of the Court
Parenting Time
Handbook
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JACKSON COUNTY FRIEND OF THE COURT
1697 Lansing Avenue
Jackson, MI 49202
(517) 788‐4470 –Phone; (517) 788‐4683—Fax
(517) 788‐4104—Interactive Voice Response System

Table of Contents
Notes
What is parenting time? . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 4
Communication/Cooperation . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 5
Being late for parenting time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Parenting Time Guidelines
A. Children as messengers . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Following the schedule . . . . . . . . . . . . . . . . . . . . . . . . 7
C. Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
D. Arguments . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 8
E. Drugs/alcohol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
F. Driver’s license . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 8
G. Child in the middle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
H. Leaving children with others . . . . . . . . . . . . . . . . . . . 9
I. Support and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
J. Just for the fun of it . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
K. Support v. Parenting Time . . . . . . . . . . . . . . . . . . . . . .9
L. Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
M. Working together . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
N. Loving parents . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 10
O. Returning items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
P. Medications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Q. Summer time notification . . . . . . . . . . . . . . . . . . . . . .10
R. Summer weeks . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 11
S. Transportation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 11
T. Travel plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
U. Third parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
V. Holidays and vacation . . . . . . . . . . . . . . . . . . . . . . . . 11
W. Hair cuts and ear piercing . . . . . . . . . . . . . . . . .. . . . 11
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Notes
Table of Contents
X. More clothing . . . . . . . . . . .. . . . . . . . . . . . . . . . 12
Y. Abuse and neglect . . . . . . . . . . . . . . . . . . . . . . . 12
Z. Modification of parenting . . . . . . . . . . . . . . . . . . . . .12
Reasonable Rights of Parenting Time
Weekends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Midweek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Spring Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Holidays . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 14
Father’s Day/Mother’s Day . . . . . . . .. . . . . . . . . . . . . . 15
Summer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Makeup parenting time . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . 16
Enforcing parenting Time . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 16
Denied parenting Time . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 17
Violation of parenting time . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 18
Invalid reasons to deny. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Valid reason to deny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Reason complaints are denied . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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Parenting Time
Parenting time is the right of a child or children to spend specified time
with each parent. In some cases, parenting time may also be granted
to people other than parents. The purpose of this list of policy statements
is to ensure that parenting time will always be conducted with
the best interests of the child or children coming first.
Some court orders provide for “Reasonable Rights of Parenting Time”.
This allows the parents the flexibility of working out schedules as they
might agree. However, if there is disagreement by the parents as to
the actual intent of “Reasonable Rights of Parenting Time”, then the
parents need to refer to the minimum definition of this schedule as
provided in the Friend of the Court (FOC) office (see Reasonable Rights
section in this document).
Parenting time is typically designated in court orders after all aspects
of a case have been reviewed. Consideration is given to the age,
maturity and needs of the child, length of time between parenting
times, relationship between the child and the parent, physical distance
between the parties, and any other relevant issues. In the event of
conflicts with the parenting time schedule, it will be necessary to
inform the Friend of the Court of the dispute, in writing.
Reasons Complaints Are Denied
1. No court order exists that allows for parenting time. A party cannot
file a complaint with the Friend of the Court, unless the court
has granted them parenting time rights with their child or children.
2. The complaint is not filed in a timely manner. If the alleged parenting
time order violation occurred more than 56 days before the
complaint is submitted, enforcement action will not be taken by
the Friend of the Court. The party can, however, file a motion on
their own or through an attorney if they choose to do so.
3. The party exercising parenting time did not make a physical
attempt to pick up the child or children.
4. If there has been a voluntary and extended period of separation
between a non‐custodial parent and the child or children,
especially if the child or children are really young, the Friend of the
Court may decide that it is not appropriate to enforce a parenting
time complaint. As opposed to requesting enforcement, the
Friend of the Court would expect the non‐custodial parent to work
with the other parent to develop a mutually agreed upon schedule
that will allow for a smooth transition and reintroduction period.
This is in the best interests of the child or children.
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The following represent examples of times that denial of parenting
time MAY BE appropriate:
1. The parent arrives to pick up the child for parenting
time and has been drinking excessively, or is under the
influence of drugs.
2. The parent arrives to pick up the child for parenting
time more than one half hour (30 minutes) late from
the specified time, or one hour (60 minutes) late
during the winter months (November, December,
January, February, March) in those cases where the
parent receiving parenting time must travel more than
30 miles to pick up the child. In those cases where the
parent with parenting time must travel more than 100
miles, they shall be afforded the opportunity of being
up to one hour late, regardless of the time of year.
**Please remember, the visiting parent has an obligation to return the
child or children on time after each visit.**
Some court orders provide for very specific parenting time schedules.
A fixed schedule will not afford the parties any flexibility. Due to high
emotional conflict in some cases, this type of parenting time schedule
may be the best arrangement for the minor child or
children.
Communication, cooperation, and mutual respect are
essential for parents to make a parenting time schedule
work and to avoid conflict and frustration. Parenting time should
be a happy time for parents and the child or children.
Parenting time should be scheduled at times and places convenient
and agreed to by both parties, or as outlined in the court order.
Children should be ready, both physically and emotionally, at the
appointed times. Parents should be on time to commence the parenting
time schedule. If a parent is one half hour (30 minutes) late from
the specified time, or one hour (60 minutes) late during the winter
months (November, December, January, February, March) for those
parents traveling more than 30 miles, parenting time may be denied
unless prior arrangements have been made with the other parent. In
those cases where the parent with parenting time must travel more
than 100 miles, they shall be afforded the opportunity of being up to
one hour late, regardless of the time of year. However, it is very important
that parents work with each other around requested adjustments
to parenting time schedules.
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Each parent will undoubtedly have schedule conflicts at some point in
time, therefore, it is important to work with each other as soon as a
conflict occurs.
A parent committed to jail may be released, if the Court has reasonable
cause to believe that the parent will comply with the Parenting
Time Order.
Telephone contact should be made with the
other parent the moment a schedule conflict
has arisen. Parents should never leave a child
waiting for a scheduled parenting time without
notifying them of the fact that the parent may
be late, or have to change the schedule date or time.
Parents are encouraged to maintain access between the children and
grandparents as often as is reasonable. Although there is usually no
provisions for this contact in your court orders, it clearly benefits
children to maintain such contact with the family.
Sometimes our
grandpas and
grandmas are like
grand‐angels
……..Lexie Saige
In keeping with the child’s best interest, the court may do it’s own
motion to change custody of the child or children.
Parenting time is every child’s right. Responsible parents will put
individual differences aside to see to it that parenting time is
encouraged.
The following examples are arguments that are NOT VALID for denial
of parenting time:
1. The child is sick. The only time illness is valid for a
denial of parenting time is when a medical doctor has
indicated that the child is restricted to bed rest only.
In all other cases of illness, the prescribed medications
are to be provided to the parent who will be having
parenting time with the child, along with appropriate
instructions from the doctor.
2. The child had to go somewhere else.
3. The child was not home.
4. The child didn’t want to go.
5. The custodial parent did not want the child to go.
6. The weather is bad.
7. The child did not have appropriate clothing.
8. The child had better things to do.
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If the Friend of the Court determines, at any step, that additional legal
action is required, they may commence a civil contempt proceeding to
resolve a parenting time dispute by initiating a Parenting Time Order
to Show Cause proceeding against the parent who has been accused of
denying the court ordered parenting time. For practical reasons, this
remedy is often used, instead of the Makeup Parenting Time Policy. As
indicated below, makeup parenting time can be ordered, during a
show cause proceeding.
If the Court finds that either parent has violated a Parenting Time
Order, the Court may find that parent in contempt, and may do one or
more of the following:
1. Require additional terms and conditions consistent with the
Court’s Order for Parenting Time.
2. Modify the Parenting Time Order in keeping with the best
interests of the minor child or children.
3. Order make‐up parenting time for the parent who was wrong
fully denied their scheduled parenting time.
4. Order the parent found in contempt, to pay a fine of not more
than $100.00.
5. Commit the parent found in contempt to a term in the County
jail.
6. Commit the parent found in contempt to a term in the County
jail, with the privilege of leaving the jail, during such hours as
the court determines, and under such supervision as the Court
considers necessary, for purpose of allowing the parent to
go to and from his or her place of employment only.
A commitment under subsection (5) or (6) shall not exceed 45 days for
first finding of contempt, or 90 days for any subsequent finding of
contempt.
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Parenting Time Guidelines
The following rules apply to all parents involved with
parenting time schedules:
A. Parents should not use the child or children as sources of
information. This can be emotionally upsetting to the children, and it
can create major problems between the parents. Children often learn
to play one parent against the other, which then causes the parents to
face periods of great conflict. Communication between the parents
can often overcome these types of problems and stop unfavorable
behavior on the part of the child.
B. Parenting schedules should be closely followed. Make certain
that you are following your parenting schedule closely. It is important
for parents to show consideration for each other and for the
children. Maintain the agreed upon parenting times, unless prior arrangements
have been agreed upon between the parents.
C. Children should be prepared for a scheduled visitation.
Make certain that appropriate clothing is provided for the entire
period. If a child is ill, make certain that medications are provided,
along with a written statement as to what medication is to be taken, in
what quantities, and at what schedule. If other restrictions have been
given by the child’s doctor, those should also be passed on to the other
parent at the time of the child’s transfer. Consequently, if a child becomes
ill during a scheduled parenting time, make certain the other
parent is informed of the illness, and what medical actions may have
been taken. Remember to return all clothing, medications, especially
prescription medications that are sent with the child.
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D. If the parents are simply unable to communicate at
all, they should avoid physical contact at all costs. It
may be necessary for a parent to wait in the car when
the child or children are being picked up or returned.
Parents should never have confrontations or
arguments in front of the child or children.
E. Parents, or anyone transporting a child, should never arrive
for a scheduled parenting time under the influence of drugs or alcohol.
This requirement is for your safety and for the safety of your children.
If a parent appears to be “under the influence” at the time of the
parenting time pick‐up, parenting time may be denied by the other
parent. If denial occurs under these circumstances, it is important that
the parent denying the parenting time inform the Friend of the Court
of this action immediately, in writing, listing the dates, times and
circumstances of the denial.
F. If you do not have an active driver’s license, someone else
must do the driving. Both parents need to understand that there are
circumstances that might require someone else to pick up the child for
the parenting time visit. This person should be someone known by the
child.
G. It is very important to keep your child or children out of the
middle of any potential custody or parenting time dispute. These are
adult issues, and should never be discussed with
the children. Children should never be threatened
with loss of time with the other parent, under any
circumstances.
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If denied parenting time is alleged and the Friend of the Court
applies the Makeup Parenting Time Policy, should be taken, the following
steps will occur. The Friend of the Court will give to the parent
who is alleged to have denied the parenting time, a notice which will
contain the following statement in boldface type of not less that a 12
font size: FAILURE TO RESPOND TO THE FRIEND OF THE COURT
WITHIN 7 DAYS SHALL BE CONSIDERED AN AGREEMENT THAT
PARENTING TIME WAS WRONGFULLY DENIED, AND THE FRIEND
OF THE COURT WILL TAKE OTHER ENFORCEMENT ACTION.
If the parent who is alleged to have denied parenting time makes a
timely reply, contesting the allegation of parenting time denial, both
parties may be required appear at the Friend of the Court or for
mediation regarding parenting time issues with designated Friend of
the Court personnel or designated agency. If this conference does not
resolve the parenting time dispute, a hearing or contempt Show Cause
action may be scheduled, with appropriate notice being forwarded to
both parties or make up parenting time may be applied.
If a hearing is held before a referee, either party shall be entitled to a
de novo hearing before a Family Court Judge, if they dispute the
referee’s findings an objection must be filed with the Court Clerk with
a copy sent to the FOC. The court will set a hearing
and enter an order, The parent who will receive the
make‐up parenting time, shall give the Friend of the
Court, and the other parent, a written notice of the
selected time for make‐up parenting time, at least
one (1) week before a weekday or weekend makeup
period, and at least 30 days before a make‐up
holiday or summer parenting time period.
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Make‐Up Parenting Time Complaint Process
The family Court strongly believes that it is important for the child or
children to have a good relationship with both parents, and has therefore
adopted a Makeup Parenting Time Policy.
H. Spend your parenting time with your child. Far too often,
children are taken for parenting time visits, and then left with
babysitters, relatives, girlfriends, boyfriends or even strangers. The
child or children needs time with you. Regular parenting time cannot
be stressed enough.
Before make‐up parenting time is applied in a particular case, the
Office of the Friend of the Court shall send a notice to both parties, by
ordinary mail, to each parent’s last known address, advising them that
the policy may be applied to their case.
Make‐up parenting time shall be the same type and duration as the
parenting time that was denied, including but not limited to, weekend
parenting time for weekend parenting time, holiday parenting time for
holiday parenting time, week day parenting time for weekday parenting
time.
Make‐up parenting time shall be taken within one (1) year after the
parenting time was wrongfully denied. The time of the make‐up
parenting time shall be chosen by the parent whose parenting time
was denied.
The parent being denied parenting time shall give a written notice of
an alleged , denial of parenting time to the Friend of the Court within
56 days of the alleged denial.
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I. If you have a responsibility for child support payments,
make sure that they are always current before buying your child
expensive gifts. Additionally, it is not appropriate for either parent to
deny a child the right to receive gifts from the other parent, or other
family members.
J. Parents are encouraged to do quiet and casual activities
with your child. Popping popcorn and watching a movie on television
can often be a very positive experience for the children and the
parent. Never feel obligated to make your parenting time a constant
round of movies, ball games, trips to restaurants, the circus or other
expensive events. Remember, your child simply wants time with you.
Please give it.
K. Neither parent has the right to stop paying child support
because parenting time is being denied, nor to stop parenting time
because child support is not being paid. These are two distinctly
different issues, and are not linked together in any way. CHILD SUP‐
PORT AND PARENTING TIME ARE NOT DEPENDENT UPON EACH
OTHER. If you have problems with child support or parenting time,
contact the Friend of the Court for assistance.
Never take actions against the other parent that
violates your Court order or negatively impacts
your child or children.
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L. Both parents need to work together regarding decisions
surrounding discipline. Do not allow children to play one parent
against the other when discipline is being assigned to a child or
children.
M. Always work together, toward the emotional well being,
health, happiness and safety of your child or children. To do otherwise
could potentially have negative effects on your child or children’s
emotional development and health.
• All holidays shall be from 9:00 a.m. until 8:00 p.m.
except for Halloween and the children’s birthday,
which should be 9:00 a.m. until 9:00 p.m., when Halloween
or the children’s birthday falls on a weekend
day, (Saturday or Sunday) or during summer vacation.
When Halloween or the child’s birthday is on a weekday
(Monday—Friday), the parties will have the minor child from
immediately after work and/or school, until 8:00 p.m.
• The Thanksgiving Holiday will always be a four‐day weekend from
Thursday through Sunday.
N. Never discuss your perceived shortcomings of the other
parent in front of the children. Remember that a child can best
develop properly with an image of two loving parents.
• Mother’s Day shall be afforded to the mother, each and every
year, between the hours of 9:00 a.m. and 8:00 p.m.
O. Make certain you have returned all items the child or
children took with them on the parenting time visit.
• Father’s Day shall be afforded to the father, each and every year,
between the hours of 9:00 a.m. and 8:00 p.m.
P. Make certain your child is given all medications at the
appropriate times.
Q. Notification as to which weeks of summer parenting times
have been chosen must be made in writing, by April 15th, of the
calendar year during which the parenting times will be conducted,
unless your Court order states otherwise. A copy of this notification
shall also be sent to the Friend of the Court Office.
• The non‐custodial parent should have four weeks of summer vacation,
to be taken in two, two week blocks, with a minimum of one
full week, in between these two week blocks. However, your court
order prevails when specifically spelled out in that order. Alternating
weekends and mid week visits are held in abeyance for these
blocks of time, but resumption of these times being at the end of
summer vacation blocks. Any other times that might be mutually
agreeable between the parties.
• In general, in order to claim a denial, the visiting parent must make
a physical attempt to pick up the children.
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• Every other Holiday to include:
Mother (Even Numbered Years)
New Year’s Day
Memorial Day
Labor Day
Halloween
Christmas Eve
Mother (Odd Numbered Years)
Easter
Fourth of July
Thanksgiving
Christmas Day
R. It is recommended that each parent be afforded at least
two weeks of unencumbered parenting time with the minor child or
children, each summer. During any other parenting time in excess of
two weeks duration, the parent not having the minor child or children
shall be afforded alternating weekend parenting time, between 6:00
p.m. on Friday and 6:00 p.m. on Sunday. If your court order specifically
provides for a different schedule, your court order prevails.
S. The Transportation of the child or children during the
parenting time shall be the responsibility of both parents. However, if
the parties are unable to agree as to the transportation arrangements
for the minor child or children, then, the non‐custodial parent exercising
their parenting time will initiate the pick up and return of the child
or children.
Child’s Birthday
Father (Even Numbered Years)
Easter
Fourth of July
T. A general itinerary and emergency telephone number must
be provided to the other parent if an out‐of‐town vacation is
conducted.
Thanksgiving
Christmas Day
Child’s Birthday
Father (Odd Numbered Years)
New Year’s Day
Memorial Day
Labor Day
Halloween
Christmas Eve
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U. The parent exercising their parenting time may designate a
third party to transport the child or children, so long as the person is
known to the child or children.
V. In all circumstances, holiday and school vacation parenting
time shall take priority over other periods of custody or parenting
time.
W. Children’s hair cuts and piercing of ears for earrings is the
responsibility of the custodial parent only, unless otherwise agreed to
by the respective parents.
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X. Before a child or children leaves for a scheduled parenting
time, please make certain that appropriate clothing is provided for the
entire period. This may include winter coats, mittens, hats raincoats,
etc…, depending on the weather. This clothing should be returned in
as good, or better condition than what it was in when it was sent. The
visiting parent is also encouraged to maintain some of their own
clothing for the child or children.
Y. Allegations of abuse, neglect, alcohol and drug involvement
or anything else of a detrimental nature to the child or children should
be immediately made to the Department of Human Services Children’s
Protective Services (CPS), department in your area, or to your local
police department. The FOC is not authorized to investigate abuse
and neglect issues.
Z. Either parent may petition the Court to establish and/or
modify a parenting time schedule at any time, if they feel such an
adjustment would be in the best interests of the minor child or children.
Reasonable Rights of Parenting Time
Reasonable Rights of Parenting Time is defined by the Jackson County
Friend of the Court, as follows:
• Every other weekend, from Friday night at 6:00 p.m. until
Sunday night at 6:00 p.m.
• Midweek Parenting time from immediately after work and/or
school until 8:00 p.m., each and every week, except those
weeks that are designated to the other parent.
• Every other Spring vacation, with the mother having even
numbered years, and the father having odd numbered years.
• This parenting time shall commence at 6:00 p.m. on the last
day of school, and end at 6:00 p.m. on the day prior to the
child’s commencement of school, following Spring vacation.
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